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Chapter 50 – Cigarette License




3-50-1      Definitions
3-50-2      Permit Required
3-50-3      Issuance
3-50-4      Expiration
3-50-5      Fees
3-50-6      Refunds
3-50-7      Revocation
3-50-8      Permits Not Transferable
3-50-9      Display
3-50-10     Penalty
3-50-11     Repealer
3-50-12     Severability

SECTION 3-50-1                  DEFINITIONS.  For use in this ordinance the following terms are defined:

1.)   “Cigarette ” means any roll for smoking made wholly or in part of tobacco, irrespective of size or shape, and irrespective of being flavored, adulterated, or mixed with any other ingredient. It also shall mean cigarette papers, wrappers and tubes. It shall not include cigars.

2.)   “Retailer” means every individual, firm, corporation, or other association that sells, distributes, or offers for sale for consumption, or possesses for the purpose of sale for consumption cigarettes, irrespective of the quantity or amount or the number of sales.

3.)   “Place of Business” shall mean any building or structure in which cigarettes are sold, or are kept for the purpose of sale, by a retailer.

SECTION 3-50-2                  PERMIT REQUIRED.  No retailer shall distribute, sell or solicit the sale of any cigarettes within the City of Belle Plaine, Iowa, without a valid permit for each place of business. The permit shall be displayed publicly in the place of business so that it can be seen easily by the public.

SECTION 3-50-3                  ISSUANCE.  The Council shall issue or renew a permit, upon a determination that such issuance or renewal will not be detrimental to the public health, safety, or morals, when a retailer who is not a minor has filed with the City Clerk:

1)   A completed application on forms provided by the Department of Revenue and accompanied by the fee provided in Section 3-38-5, and

2)   A bond in the amount of $500.00 on forms provided by the Department of Revenue and surety approved by the Council. The bond shall be in favor of the State and for the benefit of the City of Belle Plaine, Iowa, conditioned upon payment of taxes, damages, fines, penalties, and costs adjudged against the permit holder for violation of any provisions of Chapter 98, 2008 Code of Iowa.

The Council shall certify its action in issuing a permit to the Iowa Department of Revenue and Finance.

SECTION 3-50-4                  EXPIRATION.  Permits expire on June 30 of each year.

SECTION 3-50-5                  FEES.  The fee for permits issued or renewed effective for July, August or September is $75.00. The fee for permits issued in October, November, or December is $56.25; in January, February, or March $37.50. and in April, May, or June $18.75

SECTION 3-50-6                  REFUNDS.  A retailer may surrender an unrevoked permit in July, August, or September for a refund of $56.25; in October, November, or December for $37.50; or in January, February, or March for $18.75.

SECTION 3-50-7                  REVOCATION. The Council, after notice and hearing, shall revoke a permit if it finds the retailer has substantially violated the provisions of this ordinance or Chapter 98, Code of Iowa, 2008, or if grounds exist that would be sufficient for refusal to issue such a permit. The City Clerk shall give five days written notice to the retailer by mailing a copy by certified mail to the place of business as it appears on his application for a permit. The notice shall state the reason for the contemplated revocation and the time and place at which he may appear and be heard. The hearing shall be held at the regular meeting place of the Council.

Upon revocation, no new permit shall be issued to the retailer or for the place of business for one year from the date of revocation unless good cause to the contrary is shown to the Council.

SECTION 3-50-8                  PERMITS NOT TRANSFERABLE.  A permit shall not be transferable to another place of business or retailer. However, if a retailer who holds a valid permit changes his place of business, the Council, if it decides to issue a new permit to him, shall not charge any additional fee for the unexpired term of the original permit if the retailer has not received a refund for surrender of the original permit.

SECTION 3-50-9                  DISPLAY.  The permit shall be displayed publicly in the place of business so that it can be seen easily by the public.

SECTION 3-50-10                PENALTY. Anyone violating any of the provisions of this ordinance shall, upon conviction, be subject to imprisonment not exceeding thirty days, or a fine not exceeding $100.00.

SECTION 3-50-11                REPEALER.  All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed.

SECTION 3-50-12                SEVERABILITY. If any section, provision or part of this ordinance shall be adjudged invalid or unconstitutional such adjudication shall not affect the validity of the ordinance as a whole or any section, provision, or part thereof not adjudged invalid or unconstitutional

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